Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables
Date: 2003-08-29
Institutions: European Commission
Subjects: aid system, fruit product, marketing, processed foodstuff, producer organisation, vegetable product

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COMMISSION REGULATION (EC) No 1535/2003

of 29 August 2003

laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid
scheme for products processed from fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (1), as last amended by
Commission Regulation (EC) No 453/2002 (2), and in particular
Article 1(3), Article 3(2), Article 6, Article 6b(3), Article 6c(7),
Article 25, Article 26 and Article 27(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 2201/96 introduces aid to producer
organisations delivering tomatoes, peaches and pears for
the production of the products listed in Annex I to that
Regulation and aid for the production of prunes and figs.
These products must be obtained from fruit and vegeta-
bles harvested in the Community.

To simplify and clarify the system, some of the rules of
application of the aid scheme should be amended in the
light of experience gained. For
the sake of clarity,
Commission Regulation (EC) No 449/2001 of 2 March
2001 laying down detailed rules for applying Council
Regulation (EC) No 2201/96 as regards the aid scheme
for products processed from fruit and vegetables (3), as
last amended by Regulation (EC) No 1426/2002 (4),
should be repealed and replaced.

To ensure that the scheme is applied uniformly, the
products listed in Article 6a(1) of Regulation (EC) No
2201/96 and in Annex I thereto, the marketing years
applicable to those products and the delivery periods for
the raw materials should be defined.

Fruit in sugar syrup is produced in the European Union
with a total sugar content of less than 14° Brix. The
proportion of sugar in products eligible for aid should
be reduced. The definition used should be based on the
Codex Alimentarius Committee definition.

The scheme must be able to operate with a sufficient
number of producer organisations and, for the sake of
consistency and by analogy with Council Regulation

(6)

(7)

(8)

(EC) No 2202/96 of 28 October 1996 introducing a
Community aid scheme for producers of certain citrus
fruits (5), as last amended by Commission Regulation
(EC) No 1933/2001 (6), the term ‘producer groups provi-
sionally authorised’ referred to in the first subparagraphs
of Article 3(1) and Article 6a(2) of Council Regulation
(EC) No 2201/96 must include producer groups which
have been granted preliminary recognition under Article
14 of Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of
the
market in fruit and vegetables (7), as last amended by
Commission Regulation (EC) No 47/2003 (8).

The production aid scheme is based on contracts
between producer organisations recognised or granted
preliminary recognition under Regulation (EC) No 2200/
96 and processors. Producers and producer organisations
may also act as processors in certain circumstances. The
types of contracts and the particulars to be included
therein should be specified for the purposes of applying
the aid scheme.

of

the

production

In order to improve the way the scheme operates, the
competent authorities should be aware of all producer
organisations marketing
their
members, of members of other producer organisations
and of individual producers wishing to qualify under the
aid scheme. The competent authorities should also be
aware of
the processors signing contracts with such
producer organisations, and such processors should send
the authorities the information necessary to ensure that
the scheme operates correctly. Processors of tomatoes,
peaches and pears must be approved before they may
conclude contracts.

Contracts must be concluded by a given date in the case
of tomatoes, peaches and pears and before the beginning
of each marketing year in the case of the other products.
To ensure that the scheme is as effective as possible, the
parties
should nevertheless be
authorised to increase the quantities originally stipulated
therein up to a given limit by means of amendments to
the contracts.

to such contracts

(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 72, 14.3.2002, p. 9.
(3) OJ L 64, 6.3.2001, p. 16.
(4) OJ L 206, 3.8.2002, p. 4.

(5) OJ L 297, 21.11.1996, p. 49.
(6) OJ L 262, 2.10.2001, p. 6.
(7) OJ L 297, 21.11.1996, p. 1.
(8) OJ L 7, 11.1.2003, p. 64.

(9)

(10)

(11)

(12)

(13)

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The number of aid applications to be submitted by
producer organisations and processors must be deter-
mined taking account of the processing process. Appli-
cations for aid must include all the information needed
for checking eligibility. To compensate for the obliga-
imposed on producer organisations, provision
tions
should be made for the aid to be paid in advance, on
condition that a security is lodged to ensure reimburse-
ment
the requirements for receiving the advance
payment are not complied with.

if

(15)

(16)

To ensure that the system for calculating any overrun of
the Community threshold meets the requirements, provi-
sion should be made for a transitional period based on
the data on aid applications
the 2003/2004
marketing year.

for

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Products Processed from Fruit and Vege-
tables,

In order to ensure that
the aid scheme is properly
applied, producer organisations and processors must
forward the necessary information and keep up-to-date
suitable documentation and should, in particular, specify
the areas under tomatoes, peaches and pears, on the
basis of Council Regulation (EEC) No 3508/92 of 27
November 1992 establishing an integrated administra-
tion and control system for certain Community aid
schemes (1), as last amended by Commission Regulation
(EC) No 495/2001 (2), and Commission Regulation (EC)
No 2419/2001 of 11 December 2001 laying down
detailed rules for applying the integrated administration
and control system for certain Community aid schemes
established by Council Regulation (EEC) No 3508/92 (3),
as last amended by Regulation (EC) No 2550/2001 (4),
for the purposes of all inspections and controls deemed
necessary.

To meet the requirements of Regulation (EC) No 2201/
96 and for market reasons, processors should be allowed
greater flexibility in the manufacture of mixtures of fruits
and sauces made from raw materials for which aid is
granted.

For the purposes of administering the aid scheme, proce-
dures must be laid down for physical and documentary
checks on delivery and processing operations, checks
must cover a sufficiently representative number of aid
applications and certain penalties must be laid down for
producer organisations and processors who breach the
rules, in particular by making false declarations or failing
to process products delivered.

To ensure the quality and reliability of the checks made,
the burden of compulsory checks on stocks should be
reduced. Nevertheless,
in the case of newly approved
processing undertakings, there should be two checks in
the first marketing year in which they participate in the
scheme.

(14)

To ensure proper application of Article 5(2) of Regula-
tion (EC) No 2201/96, the data used for calculating any
overrun of the Community threshold for peaches, pears
and tomatoes should be clearly defined.

(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 72, 14.3.2001, p. 6.
(3) OJ L 327, 12.12.2001, p. 11.
(4) OJ L 341, 22.12.2001, p. 105.

HAS ADOPTED THIS REGULATION:

CHAPTER I

DEFINITIONS AND MARKETING YEARS

Article 1

Definitions

For the purposes of this Regulation, the following defini-

1.
tions shall apply:

(a) ‘producer organisations’ means producer groups as referred
to in Article 11 of Regulation (EC) No 2200/96 and
producer groups granted preliminary recognition under
Article 14 of that Regulation;

(b) ‘producer’ means any natural or legal person who is a
member of
a producer organisation delivering their
produce to that organisation for the purposes of marketing
it under the conditions laid down in Regulation (EC) No
2200/96;

(c) ‘individual producer’ means any natural or legal person not
belonging to a producer organisation and growing raw
material on their holding intended for processing;

(d) ‘processor’ means any natural or legal person operating, for
commercial purposes and on their own responsibility, one
or more plants with facilities for manufacturing one or
more of the products listed in Article 2(1) to (15) and,
where applicable, approved in accordance with Article 5;

(e) ‘quantity’ means quantity expressed in net weight unless

otherwise indicated;

(f) ‘competent authorities’ means the body or bodies appointed

by the Member State to implement this Regulation.

2.
For the purposes of this Regulation, any reference to
producer organisations as defined in paragraph 1 shall be also
be construed as a reference to associations of producer organi-
sations as referred to in Article 16(3) of Regulation (EC) No
2200/96 set up on the initiative of and controlled by the
producer organisations recognised under this Regulation.

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Article 2

Finished products

8. whole peeled preserved tomatoes: peeled tomatoes of the
oblong varieties, having undergone a heat
treatment,
packed in hermetically sealed containers and falling within
CN code ex 2002 10 10, where not less than 65 % of the
weight of the drained tomatoes consists of whole tomatoes
which do not show damage which substantially alters their
appearance;

‘Products listed in Article 6a(1) of and Annex I to Regulation
(EC) No 2201/96’ means the following products:

fruit

1. peaches in syrup and/or in natural

juice: whole
peaches or pieces of peaches, without peel, having under-
gone a heat
treatment, packed in hermetically sealed
containers with a covering liquid of sugar syrup or natural
fruit juice and falling within CN codes ex 2008 70 61,
ex 2008 70 69,
ex 2008 70 79,
ex 2008 70 71,
ex 2008 70 92, ex 2008 70 94 and ex 2008 70 99;

2. pears in syrup and/or in natural fruit juice: pears of the
Williams or Rocha varieties, whole or in pieces, without
peel, having undergone a heat treatment, packed in herme-
tically sealed containers with a covering liquid of sugar
syrup or natural fruit juice and falling within CN codes
ex 2008 40 51,
2008 40 71,
ex 2008 40 79, ex 2008 40 91 and ex 2008 40 99;

ex 2008 40 59,

fruit

3. mixed fruit: mixtures of fruit, whole or in pieces, without
peel, having undergone a heat treatment, with a covering
liquid of sugar syrup or natural
juice, packed in
hermetically sealed containers in which the drained net
weight of peaches and Williams and Rocha pears accounts
for at least 60 % of the total net drained weight, falling
within CN codes ex 2008 92 and ex 2008 99, and made
directly from fresh peaches and/or Williams and Rocha
pears delivered during the periods indicated in Article
3(2)(b) and (c);

4. prunes: prunes obtained from dried ‘d'Ente’ plums which
have been suitably treated or processed and are packed in
CN code
appropriate
ex 0813 20 00 and ready to be offered for human
consumption;

falling within

containers,

5. dried figs: dried figs, including fig paste, which have been
suitably treated or processed and are packed in appropriate
containers,
falling within CN code ex 0804 20 90 and
ready to be offered for human consumption;

6. whole peeled quick-frozen tomatoes: peeled tomatoes of
the oblong varieties,
frozen, packed in appropriate
containers and falling within CN code ex 0710 80 70,
where not less than 90 % of the net weight of the tomatoes
consists of whole tomatoes not showing any damage
which substantially alters their appearance. That percen-
tage shall be determined after the tomatoes have been
thawed;

7. non-whole peeled quick-frozen tomatoes: pieces of peeled
tomatoes of the oblong varieties, or round varieties which
are as easy to peel as the oblong varieties, frozen, packed
in appropriate containers and falling within CN code
ex 0710 80 70;

9. non-whole peeled preserved tomatoes: peeled tomatoes in
pieces or partially crushed, of
the oblong varieties, or
round varieties which are as easy to peel as the oblong
varieties, having undergone a heat treatment, packed in
hermetically sealed containers and falling within CN code
ex 2002 10 10. Where these products are to be used to
make the products indicated at point 15, they shall be
packed in appropriate containers;

10. tomato flakes: flakes obtained by drying tomatoes cut into
slivers or small cubes, packed in appropriate containers
and falling within CN code ex 0712 90 30;

containers

content, where

11. tomato juice: juice obtained directly from fresh tomatoes
and strained free from skins, pips and other coarse parts,
having a dry-matter
applicable after
concentration, of less than 12 %, packed in hermetically
CN codes
sealed
ex 2002 90 11,
and
2009 50 90. Juice with a dry-matter content of at least 7 %
may however contain skin and pips constituting up to 4 %
by weight of the product. Where these products are to be
used to make the products indicated at point 15, they shall
be packed in appropriate containers;

ex 2002 90 19,

falling within

2009 50 10

and

12. tomato concentrate: the product obtained by concentrating
tomato juice, packed in appropriate containers, having a
dry-matter content of 12 % or more and falling within CN
codes
ex 2002 90 91
and ex 2002 90 99. Concentrate having a dry-matter
content of not more than 18 % or of between 18 and
24 % may contain not more than 4 % or 7 %, respectively,
skin and pips by weight of product;

ex 2002 90 31,

ex 2002 90 39,

13. whole unpeeled preserved tomatoes: whole unpeeled toma-
toes of the oblong or round varieties, having undergone a
heat treatment, packed in hermetically sealed containers,
lightly brined (tomatoes in brine) or in tomato purée
(tomatoes in purée or in juice), where not less than 65 %
of the weight of the drained tomatoes consists of whole
tomatoes not showing any damage which substantially
alters their appearance, and falling within CN code ex 20
02 10 90. Where these products are to be used to make
the products indicated at point 15, they shall be packed in
appropriate containers;

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14. non-whole unpeeled preserved tomatoes:

tomatoes

in
pieces or partially crushed, of the oblong or round vari-
eties, having been slightly strained, whether or not slightly
concentrated, packed in hermetically sealed containers,
with a dry-matter content of between 4,5 % and 14 %,
containing skin within the limits laid down in Commission
Regulation (EC) No 1764/86 (1), and falling within CN
code ex 2002 10 90. Where these products are to be used
to make the products indicated at point 15, they shall be
packed in appropriate containers;

15. prepared sauces: tomato-based preparations obtained by
mixing one of the products referred to at points 9, 11, 12,
13 or 14 above with other products of plant or animal
origin except fresh tomatoes, having undergone a heat
treatment, packed in hermetically sealed containers where
the net weight of the products referred to at points 9, 11,
12, 13 or 14 accounts for at least 60 % of the total net
weight of the prepared sauce. These products must be
made during the period indicated in Article 3(2) in the
same establishment as the products used referred to at
points 9, 11, 12, 13 or 14;

16. sugar syrup: a liquid in which water is combined with
sugars and which has a total sugar content determined
after homogenisation of not less than 10° Brix when used
to cover fruits in syrup;

17. natural fruit juice: a covering liquid with a minimum of
9,5° Brix, consisting solely of fermentable but unfermented
juice
juice
extracted mechanically from fruit, or of
obtained from concentrated fruit juice by the restoration
of the proportion of water extracted during concentration,
as defined in Council Directive 2001/112/EC (2), without
added sugar.

(b) peaches: between 15 June and 25 October;

(c) pears: between 15 July and 15 December;

(d) dried figs: between 1 August and 15 June;

(e) prunes obtained from ‘d'Ente’ plums: between 15 August

and 15 January.

The Commission shall publish the amount of the aid, set
3.
in accordance with Article 6(1) of Regulation (EC) No 2201/96,
before the beginning of each marketing year and no later than:

(a) 31 January for tomatoes;

(b) 31 May for peaches;

(c) 15 June for pears.

CHAPTER II

CONTRACTS

Article 4

Form of contracts

1.
Contracts as referred to in Articles 3 and 6a of Regulation
(EC) No 2201/96 (hereinafter referred to as contracts) shall be
concluded in writing. Contracts shall bear an identification
number.

2.

Contracts may take one of the following forms:

Article 3

(a) a contract between a producer organisation or association

of producer organisations, and a processor;

Marketing years and delivery periods

(b) a commitment to supply, where the producer organisation

also acts as a processor.

1.
The marketing years referred to in Article 1(3) of Regula-
tion (EC) No 2201/96 of the products listed in Article 6a(1) of
and the Annex to that Regulation shall run:

Only one contract may be signed between a producer organisa-
tion and a processor.

(a) from 15 June to 14 June in the case of products processed

from tomatoes and products processed from peaches;

Article 5

(b) from 15 July to 14 July in the case of products processed

from pears;

Approval of processors of tomatoes, peaches and pears

(c) from 1 August to 31 July in the case of dried figs;

(d) from 15 August to 14 August in the case of prunes.

Aid shall be granted solely on products delivered to the

2.
processing industry in the following delivery periods:

(a) tomatoes: between 15 June and 15 November;

In the case of tomatoes, peaches and pears, contracts may

1.
be concluded only with approved processors.

2.
Processors of tomatoes, peaches and pears wishing to
participate in the aid scheme shall submit an application for
approval to the competent authorities of the Member State
before a date to be determined by the latter. Member States
shall publish a list of approved processors at least one month
before the final date for signature of contracts each year.

(1) OJ L 153, 7.6.1986, p. 1.
(2) OJ L 10, 12.1.2002, p. 58.

3. Member States shall
approval and notify them to the Commission.

lay down the requirements for

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Article 6

Date of signing of contracts

1.

Each year, contracts shall be signed no later than:

(a) 15 February, in the case of tomatoes;

(b) 15 July, and seven working days before deliveries are to

commence, in the case of peaches;

(c) 31 July, and seven working days before deliveries are to

commence, in the case of pears;

(d) before the start of the marketing year, in the case of the

other products.

In the case of tomatoes, peaches and pears, the contract shall
also indicate the delivery stage to which the price referred to in
point (e) applies and the payment terms. Any payment deadline
may not exceed two months from the end of the month of
delivery of each consignment.

In the case of prunes and dried figs, contracts shall specify the
minimum price set by the Commission.

2.
In the case of prunes and dried figs, the price referred to
in paragraph 1(e) of this Article and Article 9(3) shall not
include, in particular, costs connected with packing,
loading,
transport, unloading and the payment of taxes, which shall,
where applicable, be indicated separately. The price shall not be
lower than the minimum price laid down under Article 6b of
Regulation (EC) No 2201/96.

Member States may postpone the date fixed at (a) above until
10 March.

Article 8

If the amount of the aid for tomatoes has not been
2.
published in the Official Journal of the European Union by the
date laid down in Article 3(3)(a), the date fixed in paragraph
1(a) of this Article shall be postponed until the 15th day
following the date of actual publication.

3.
If the minimum price to be paid to producers for prunes
or dried figs has not been published in the Official Journal of the
European Union by 15 days before the date provided for in para-
graph 1(d), that date shall be postponed until the fifteenth day
following the date of actual publication.

Article 7

Content of contracts

1.

Contracts must specify, in particular:

(a) the name and address of the producer organisation;

(b) the name and address of the processor;

Additional national provisions

Member States may adopt additional provisions covering
contracts,
in particular as regards compensation payable by
processors or producer organisations that fail to fulfil their
contractual obligations.

Article 9

Amendments to contracts

The parties may decide to increase the quantities origin-
1.
ally stipulated in a processing contract by means of a written
amendment thereto.

Such amendments shall show the identification number of the
contract to which they relate, and shall be signed no later than:

— 15 August for peaches,

— 15 September for tomatoes and pears,

— 15 November for prunes obtained from ‘d'Ente’ plums and

(c) the quantities of raw materials to be delivered for proces-

dried figs.

sing;

(d) the obligation on processors to process the quantities de-
livered under the contract concerned into one of
the
products listed in Article 6a(1) of Regulation (EC) No 2201/
96, which must meet the standards laid down in accor-
dance with Article 8 of that Regulation;

(e) the price to be paid for the raw materials, which may vary

by variety and/or quality and/or delivery period;

(f) the compensation payable if either party fails to fulfil their
contractual obligations,
in particular as regards payment
deadlines and the obligation to deliver and accept the quan-
tities covered by the contract.

2.
The amendments referred to in paragraph 1 may increase
the quantity originally stipulated in the contract by no more
than 30 %.

However, until the 2003/2004 marketing year, amendments to
contracts for unprocessed dried figs intended for the produc-
tion of fig pastes may be concluded no later than 31 May and
may increase the quantities originally stipulated in the contracts
by no more than 100 %.

3.
The price of the additional quantity laid down in the
amendment may differ from the price referred to in Article
7(e).

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Article 10

Conclusion of contracts in the case of a commitment to
supply

In the case of a commitment to supply within the meaning of
Article 4(2)(b), contracts covering the production of
the
members of
the producer organisation concerned shall be
deemed to have been concluded after the following particulars
have been forwarded to the competent authorities:

(a) the name and address of each producer and the reference
data and areas of the parcels on which each producer culti-
vates the raw materials;

(b) the estimated total harvest;

(c) the quantity intended for processing;

(d) an undertaking by the producer organisation to process the

quantities delivered under the contract in question.

In the case of amendments to contracts for tomatoes, Member
States may authorise, for duly justified reasons, a time limit
shorter than the five days laid down in the first subparagraph,
provided that this does not hinder effective checks on the
production aid scheme.

Article 12

Forwarding of information to the competent authorities

1.
Producer organisations signing contracts for tomatoes,
peaches or pears shall forward the following information to the
competent authorities referred to in Article 11(1), broken down
by product:

(a) the name and address of each producer covered by the

contracts;

This information must be sent before 31 May in the case of
tomatoes and within the time limit laid down in Article 11(3)
in the case of the other products.

(b) the reference data and areas of the parcels on which each

producer cultivates the raw materials;

Article 11

(d) the quantity intended for processing;

(c) the estimated total harvest;

Transmission of contracts to the competent authorities

1.
In the case of tomatoes, peaches and pears, producer
organisations signing contracts shall forward a copy of each
contract and any amendments thereto to the competent autho-
rities of the Member State in which their head office is situated.
Where applicable, they shall also forward a copy to the compe-
tent authorities of the Member State in which processing is to
take place.

The total quantity covered by all the contracts signed by a
given producer organisation may not exceed, per product, the
quantity intended for processing indicated by that producer
organisation under Article 10 and Article 12(1).

Processors of prunes and dried figs shall forward a copy
2.
of each contract and any amendments thereto to the body
designated by the Member State where processing takes place.

The copies referred to in paragraphs 1 and 2 must reach
3.
the competent authorities no later than 10 working days after
the conclusion of the contract or amendment thereto and not
later than five working days before the start of deliveries under
the contract or amendment.

4.
In exceptional and duly justified cases, Member States
may accept contracts and amendments thereto that reach their
competent authorities after the time limit laid down in the first
subparagraph, provided that such late arrival does not hinder
their checks.

(e) in the case of tomatoes, the average yields per hectare of
round and/or oblong tomatoes produced by the organisa-
tion during the previous two marketing years.

Member States may choose to use exclusively the data available
from the application of Article 4 of Regulation (EC) No 2419/
2001 as regards the information referred to in point (b) of this
paragraph, provided that this does not hinder effective checks
on the aid scheme.

In the case of peaches and pears, the information referred
2.
to in paragraph 1 shall be included in the notification referred
to in Article 11(1).

In the case of tomatoes, the information required in paragraph
1 shall be communicated by 31 May. After that date, Member
States may, for duly justified reasons, authorise the addition of
agricultural parcels not previously declared or changes to their
intended use. Such additions or changes shall be communicated
in writing to the competent authorities by 30 June.

3. Where producer organisations as referred to in paragraph
1 market quantities intended for processing produced by
members of other producer organisations under the second and
third indents of Article 11(1)(c)(3) of Regulation (EC) No 2200/
96, those producer organisations shall supply the information
required in paragraph 1 of this Article to the producer organi-
sation signing the contract.

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Where producer organisations as referred to in paragraph 1
pass on the benefit of the aid scheme to individual producers
under Article 3(3) and Article 6a(2) of Regulation (EC) No
2201/96, those individual producers shall supply the informa-
tion required in paragraph 1 of this Article to the producer
organisation signing the contract.

4.
Producer organisations not signing contracts and indivi-
dual producers as referred to in paragraph 3 shall sign agree-
ments with the producer organisations as referred to in para-
graph 1.

Such agreements shall cover all production of the product
concerned delivered for processing by the said producer organi-
sations and individual producers and must specify at least the
following:

(a) the number of marketing years covered by the agreement;

giving all the information required by the Member State to
administer and monitor the aid scheme. Member States may
decide that such information shall:

(a) be notified by new participants only, where the competent
information

necessary

the

authorities
concerning other participants;

already

have

(b) cover a single marketing year, several marketing years or

an unlimited period.

Article 15

(b) the quantities to be delivered for processing, broken down

by producer and by product;

Information on the commencement of deliveries or
processing

(c) the consequences of failure to comply with the agreement.

A copy of the agreements shall be attached to the information
to be sent under Article 11(1).

Article 13

Identification of parcels

In the case of tomatoes, for the purposes of Article 10 and
Article 12(1) the parcel identification system shall be the one
referred to in Article 4 of Regulation (EEC) No 3508/92. Areas
are to be declared in hectares to two decimal places. Article 22
of Regulation (EEC) No 2419/2001 shall apply for the purposes
of determining the area of plots during checks as provided for
in Article 31 of this Regulation.

In the case of peaches and pears, the parcel references shall be
the land registry references or any other reference recognised
as equivalent by the inspection agency.

1.
At least five working days before the start of deliveries or
processing each marketing year, producer organisations or
processors participating in the aid scheme shall notify the week
in which contractual deliveries or processing are to commence
to the competent authorities of the Member State in which
their head office is situated and, where applicable, the compe-
tent authorities of the Member State in which processing is to
take place. They shall be deemed to have discharged this obliga-
tion where they provide proof that they have forwarded this
information at least eight working days before commencement
of contractual deliveries or processing.

2.
In exceptional and duly justified cases, Member States
may accept notifications from producer organisations and
processors after the time limit
laid down in paragraph 1.
However, in such cases, no aid shall be granted for quantities
already delivered or in the course of delivery unless the checks
needed to establish eligibility for the aid can be conducted to
the satisfaction of the competent authorities.

CHAPTER III

Article 16

INFORMATION TO BE PROVIDED TO MEMBER STATES

Information on mixed fruit and prepared sauces

Article 14

Information on participation in the aid scheme

Processors and producer organisations wishing to participate in
the aid scheme shall so inform the competent authorities of the
Member States by a date to be determined by those authorities,

Processors wishing to manufacture mixed fruit and prepared
sauces as referred to in Article 2(3) and (15) shall notify the
composition of the products to be made, specifying the net
weight of each ingredient to the competent authorities of the
Member State before the beginning of each marketing year.
This composition may not be altered after the beginning of the
marketing year. Any such change shall be notified in advance,
by a deadline to be laid down by the Member State in which
the processor's head office is situated, to the competent autho-
rities of the Member State.

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Article 17

Information on quantities of tomatoes, peaches and pears

In the case of tomatoes, peaches and pears, no later than
1.
1 February of each year processors shall notify the competent
authorities of the following:

(a) the quantity of raw materials processed into the finished

products listed in Article 2, broken down by:

(i) quantities received under contract,

(ii) quantities received not covered by contracts;

(b) the quantity of finished products obtained from each of the

quantities referred to in (a);

(c) the quantity of finished products in stock at the end of the

previous marketing year.

2.
In the case of processed tomato products, the quantity of
finished products to be notified in accordance with paragraph
1(b) and (c) shall be broken down into:

(a) tomato concentrate of a dry-matter content by weight of

28 % or more but less than 30 %;

(b) whole peeled preserved tomatoes of the oblong varieties;

(c) other processed tomato products, shown separately.

The quantity of finished processed tomato products in stock
referred to in paragraph 1(c) shall also be broken down into
products sold and products unsold.

The quantities of tomato juice and tomato concentrate added
to preserved tomatoes shall be included in the quantities of the
tomatoes, whether peeled or unpeeled.

3.
The notifications under paragraphs 1 and 2 shall state
separately the quantities of products as referred to in Article
2(1), (2), (9), (11), (12), (13) and (14) used to manufacture the
products referred to in (3) and (15) of that Article.

(b) the quantity of finished products obtained from the raw
materials referred to in (a), broken down into products on
which aid is paid and products on which aid is not paid
and by quality class;

(c) the quantity of products as referred to in (a) and (b) above

in stock at 1 May.

CHAPTER IV

RAW MATERIALS

Article 19

Quality of raw materials

Without prejudice to any minimum quality criteria laid down
or to be laid down in accordance with Article 3(3)(a) of Regula-
tion (EC) No 2200/96, raw materials delivered to processors
under contracts shall be of sound and fair merchantable quality
and suitable for processing.

Article 20

Delivery certificates

1.
A delivery certificate shall be issued for each consignment
of tomatoes, peaches and pears delivered under contract and
accepted for processing at the processing plant, specifying:

(a) the date and time of unloading;

(b) the precise identification of the means of transport used;

(c) the identification number of the contract to which the

consignment relates;

(d) the gross weight and net weight;

(e) where applicable, the rate of reduction calculated in accor-
dance with Article 2(3) of Regulation (EC) No 217/2002 (1).

The notifications referred to in paragraph 1(b) of this Article
shall state separately the quantities of products as referred to in
Article 2(3) and (15) obtained, broken down according to the
products used as referred to in (1), (2), (9), (11), (12), (13) and
(14) of that Article.

Delivery certificates shall be signed by the processors or their
representatives and by the producer organisations or their
representatives. Each certificate shall bear an identification
number.

Processors and producer organisations shall both keep a

2.
copy of delivery certificates.

Article 18

Information on quantities of prunes and dried figs

In the case of prunes and dried figs, no later than 15 May of
each year processors shall notify the competent authorities of
the following:

e-mail

The producer organisation shall also forward a copy or written
telecommunication or
information
referred to in the paragraph 1, no later than the fifth working
day following the week of delivery, to the competent authori-
ties of the Member State where its head office is situated and,
where applicable, to the competent authorities of the Member
State where processing is carried out, to facilitate checks.

containing the

(a) the quantity of raw materials used at 1 May;

(1) OJ L 35, 6.2.2002, p. 11.

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The documents required under national law may be used
3.
for the purposes of this Article, provided they contain all the
information referred to in paragraph 1.

(b) payments by producer organisations to their members and

to producers as referred to in Article 12(3);

4. Where all or part of a consignment belongs to producers
as referred to in Article 12(3), the producer organisation shall
forward a copy of the certificate provided for in paragraph 1 of
this Article to each producer organisation and individual
producer concerned.

Article 21

Notification of deliveries in another Member State

1.
In the case of tomatoes, peaches and pears, where proces-
sing takes place in a Member State other than the one in which
production has taken place, no later than twenty-four hours
the producer organisation shall
before the day of delivery,
notify each delivery to the competent authorities of
the
Member State where its head office is situated and to the
competent authorities of the Member State where processing is
carried out.

This notification shall
include the quantity to be delivered,
precise identification of the means of transport used and the
identification number of the contract relating to the delivery in
question. It shall be sent electronically and the body to which it
is addressed shall keep a written record of it for at least three
years.

The competent authorities may ask for any additional informa-
tion they consider necessary for a physical check on the deliv-
eries.

If the data in the first subparagraph are amended after they
have been notified, the amended data must be notified in the
same way as the initial notification, before delivery commences.
The initial notification may be amended only once.

2.
Following a risk analysis of producer organisations and
processors carried out by the Member State in which proces-
sing takes place, Member States may decide to exempt producer
organisations from the notification requirements under the first
paragraph of this Article.

Member States may also, on the basis of that analysis, decide to
require less detailed information, provided that this does not
hinder effective checks on the aid scheme.

Article 22

Payments

(c) where the members of a producer organisation are them-
selves organisations with legal personality made up of
producers, payments by such legal persons to producers.

However, in the cases referred to in Article 4(2)(b), payment
may be made by opening a credit line.

2. Member States shall
lay down the terms and, where
applicable, the time limits for the payments referred to in para-
graph 1(b) and (c) such that they are compatible with the
requirements relating to checks, in particular as regards Article
31(1)(b) and (c).

In the case of prunes and dried figs, payments shall cover the
entire amount of the payment as referred to in paragraph 1(a).

CHAPTER V

AID APPLICATIONS AND PAYMENT OF THE AID

Article 23

Submission of aid applications

1.
In the case of tomatoes, peaches and pears, producer
organisations shall submit their aid applications to the compe-
tent authorities of the Member State in which their head office
is situated, provided that that Member State has a processing
threshold for the product concerned as defined in Annex III to
Regulation (EC) No 2201/96. Quantities applied for shall count
against the Member State's threshold.

Processors of prunes and dried figs shall submit aid applications
to the competent authorities of the Member State in which
processing is carried out.

2.
In the case of tomatoes, peaches and pears, only one aid
application may be submitted per marketing year. Applications
must
than the
following dates of the marketing year concerned:

reach the competent authorities no later

— 30 November for tomatoes. However, Member States may
postpone the date for lodging applications to 15 December,

— 31 January for peaches and pears.

The following payments for raw materials shall be made

1.
by bank or postal transfer:

(a) payments by processors to producer organisations;

Applications for advance payment of the aid may be submitted
under the conditions laid down in Article 25.

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In the case of prunes, processors may submit three aid

3.
applications for each marketing year:

(d) the quantity delivered during the same period otherwise

than under contract, and the average selling price.

(a) the first for products processed up to 15 January,

(b) the second for products processed from 16 January to 30

April, and

Member States may lay down additional
regards information to be submitted with applications.

requirements as

(c) the third for products processed from 1 May to the end of

the marketing year concerned.

Article 25

Aid applications as referred to in (a) and (b) shall be submitted
within 30 days of expiry of the processing period concerned
and applications as referred to in (c) by 14 August of the
marketing year in progress.

In the case of dried figs, processors may submit three aid

4.
applications for each marketing year:

(a) the first for products processed up to 30 November;

(b) the second for products processed from 1 December to the

end of February, and

(c) the third for products processed from 1 March to the end

of the marketing year concerned.

Aid applications as referred to in (a) and (b) shall be submitted
within 30 days following expiry of
the processing period
concerned and applications as referred to in (c) by 31 October
of the following marketing year.

5.
If aid applications are submitted after the deadlines speci-
fied in paragraphs 2, 3 and 4, the aid shall be reduced by 1 %
per day of delay and no aid shall be granted if the application
is more than 15 days late.

However, in exceptional and duly justified cases, Member
6.
States may accept aid applications after
those deadlines,
provided that this does not hinder effective checks on the
production aid scheme.
In this case, paragraph 5 shall not
apply.

Article 24

Advance payment of aid in the case of tomatoes, peaches
and pears

1. Member States may decide that applications for advance
payment of aid may be submitted by 30 September, covering
the total quantity of tomatoes, peaches or pears delivered for
processing up to 15 September.

2.
Applications for advance payment of aid as referred to in
paragraph 1 shall include the information referred to in Article
24(a) and (b).

3.
The competent authorities of the Member State shall pay
the amount due between 16 and 31 October, after checking
the application against,
in particular, the delivery certificates
referred to in Article 20.

The aid shall be paid in advance provided a security equal

4.
to 110 % of the aid is lodged.

Where it is found that the advance payment applied for exceeds
the amount due, an amount equal to double the excess shall be
forfeit from the security.

Without prejudice to the second subparagraph of this para-
graph,
the security shall be released when the competent
authority pays the aid, based on the application referred to in
the first subparagraph of Article 23(2).

5. When an application for advance payment of the aid is
submitted, the quantities referred to in Article 24(b) and (d)
shall be broken down into two periods, namely up to 15
September and from 16 September.

Content of aid applications in the case of

tomatoes,

peaches and pears

Article 26

Aid applications for tomatoes, peaches and pears shall give at
least the following information for each product:

Content of aid applications in the case of prunes and dried
figs

(a) the name and address of the producer organisation;

(b) the quantity covered by the aid application, whereby that
quantity, broken down by contract, may not exceed the
quantity accepted for processing, after deduction of any
reduction rates applied;

(c) the average selling price for the quantity delivered under

contract;

Aid applications for prunes and dried figs shall give at least the
following information for each product:

(a) the name and address of the processor;

(b) the quantity of products covered by the aid application,
broken down by the different rates of aid applicable,
together with the quantity of products not covered by the
aid scheme obtained during the same period;

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(c) the quantity of raw materials used, by contract, to obtain

each category of products as referred to in (b);

(d) a declaration by the processor to the effect that the finished
products comply with the quality standards laid down
under Article 8 of Regulation (EC) No 2201/96;

Where processing takes place outside the Member State in
which the product has been grown, that Member State shall
furnish proof to the Member State paying the aid that the
minimum price payable to the producer has been paid. Where
the price is paid in the euro zone, proof of payment may be
furnished by the processor by means of confirmation of the
bank transfer.

(e) copies of transfer orders as referred to in Article 22(1)(a).
In the case of commitments to supply, such copies may be
replaced by a declaration by the producer to the effect that
the processor has credited him with a price at least equal to
the minimum price. Such copies or declarations shall quote
the references of the relevant contracts.

3.
No aid shall be granted on quantities in respect of which
the necessary checks on entitlement to the aid have not been
conducted.

The aid shall be paid to producer organisations and

4.
processors no later than:

Aid applications shall be admissible only if the minimum price
has been paid in full for all the raw materials used in the
finished product covered by the aid application.

Article 27

Payment of the aid

Aid for tomatoes, peaches and pears shall be paid by the
1.
competent authorities of
the Member State in which the
producer organisation signing the contract has its head office,
as soon as those authorities have checked the aid application
and established that the products covered by that application
have been delivered and accepted for processing, on the basis,
in particular, of the checks provided for in Article 31(1)(a).

Where processing takes place in another Member State, that
Member State shall provide the Member State where the
producer organisation signing the contract has its head office
with proof that the product has in fact been delivered and
accepted for processing.

Within 15 working days following receipt of
the
producer organisation shall pay in full the amounts received,
by bank or postal transfer, to its members and, where applic-
able, to producers as referred to in Article 12(3).
In cases
covered by Article 4(2)(b), payment may be made by opening a
credit line.

the aid,

Where a producer organisation is wholly or partly made up of
members which are themselves organisations with legal person-
ality made up of producers, payments as provided for in the
third subparagraph shall be paid on by those member organisa-
tions to the producers within 15 working days.

2.
Aid for prunes and dried figs shall be paid by the compe-
tent authorities of the Member State in which the product is
the
processed, once those authorities have established that
requirements for grant of the aid have been met.

(a) 60 days after the date on which the application, including
all the information required under Articles 24 and 26 of
tomatoes,
this Regulation,
peaches, pears and dried figs;

in the case of

is submitted,

(b) 90 days after

the date on which the application is

submitted, in the case of prunes.

CHAPTER VI

CHECKS AND PENALTIES

Article 28

National control measures

1. Without prejudice to Title VI of Regulation (EC) No
2200/96, Member States shall take the necessary steps to:

(a) ensure that this Regulation is complied with;

(b) prevent and prosecute irregularities and apply the penalties

provided for in this Regulation;

(c) recover sums lost as a result of irregularities or negligence;

(d) verify the records provided for in Articles 29 and 30,
ensuring that they tally with the accounting required of
producer organisations and processors under national law;

(e) carry out unannounced checks as referred to in Articles 31

and 32 during the appropriate periods;

(f) carry out checks on areas sown to tomatoes as referred to

in Article 31(1) after sowing and before harvesting.

2. Member States shall programme their tally checks as
referred to in paragraph 1(d) of this Article, in Article 31(1)(a),
(b) and (c), in Article 31(2)(c), and in Article 32(1), on the basis
of a risk analysis that takes account, among other things, of:

(a) observations made during checks conducted in earlier

years;

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(b) developments since the year before;

(c) the raw material yield per homogeneous production zone;

(d) the relationship between the quantities delivered and the

estimated total harvest;

(e) the yield of the raw material in terms of finished product.

The risk analysis criteria shall be regularly updated.

3. Where irregularities or anomalies are found, Member
States shall increase the frequency and percentage of checks as
referred to in Articles 31 and 32 having regard to the serious-
ness of the findings.

The records or accounting documents required under
4.
national
law may be used for the purposes of this Article,
provided they contain all the information referred to in para-
graph 1.

Producer organisations shall submit
inspections and
checks deemed necessary by the Member State and shall keep
all additional records required by the Member State for the
purposes of the checks deemed necessary.

to all

Article 30

Article 29

Records and information to be kept by processors

Records

and information to be kept by producer

organisations

Processors

1.
following:

shall keep records

showing at

least

the

1.
Producer organisations shall keep records for each of the
products delivered for processing under Regulation (EC) No
2201/96, containing at least the following information:

(a) in the case of quantities delivered under contracts:

(i) the consignments delivered each day, and the identifica-

tion number of the contract to which they relate;

(ii) the quantity of each consignment delivered and, in the
case of
the quantity
tomatoes, peaches and pears,
accepted for processing, after deduction of any reduc-
tion, and the identification number of
the relevant
delivery certificate;

(b) in the case of quantities delivered otherwise than under

contract:

(i) the consignments delivered each day, and the identity

of the processor concerned;

(ii) the quantity of

each consignment delivered and

accepted for processing.

(c) the quantities sold on the fresh market, those withdrawn
from the market and stocks of the products concerned.

Producer organisations

2.
the
national inspection authorities all the information needed for
checking that this Regulation is complied with.

shall keep available

for

In the case of tomatoes, peaches and pears, that information
must make it possible to identify, for each producer, the link
between the areas, the quantities delivered, the delivery certifi-
cates, and payment of the aid and prices.

3. Member States may decide what form the records and
information referred to in paragraphs 1 and 2 shall take.

(a) in the case of quantities purchased under contract:

(i) the consignments purchased and accepted into the
undertaking for processing each day, and the identifica-
tion number of the contract to which they relate;

(ii) the quantity of each consignment accepted for proces-
sing and, in the case of tomatoes, peaches and pears,
the identification number of the relevant delivery certi-
ficate;

(b) in the case of quantities purchased otherwise than under

contract:

(i) the consignments received each day, and the name and

address of the seller;

(ii) the quantity of each consignment accepted for proces-

sing;

(c) the quantities of each of the finished products listed in
Article 2 obtained each day, with the corresponding quanti-
ties of raw materials, specifying the quantities obtained
from consignments accepted under contract;

(d) the quantities and price of each finished product purchased
by the processor each day, giving the name and address of
the seller. This information may be recorded by reference
to supporting documents, provided the latter contain the
abovementioned particulars;

(e) the quantities and price of each finished product leaving
the processor's premises each day, giving the name and
address of
the consignee. Such information may be
recorded by reference to supporting documents, provided
the latter contain the abovementioned particulars.

Member States may decide that the records referred to in para-
graphs 1 and 2 are to be certified in the same way as records
or accounting documents required under national law.

In the case of prunes and dried figs, the information required
in (c) above shall specify separately the quantity of finished
product on which aid is payable.

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Processors shall keep separate records for the products
2.
referred to in Article 2(1), (2), (9), (11), (12), (13) and (14) used
to manufacture mixed fruit and prepared sauces as referred to
in Article 2(3) and (15), showing the following information, in
addition to that provided for in paragraph 1(a), (b), (c) and (d)
of this Article:

(a) the quantities of mixed fruit and prepared sauces obtained
each day, broken down by product composition within the
meaning of Article 16;

(b) the quantities and prices of the mixed fruit and prepared
sauces leaving the processor's premises, by consignment,
with details of the consignee;

(c) the quantities and prices of the products referred to in
Article 2(1), (2), (9), (11), (12), (13) and (14) purchased and
entering the establishment each day, with details of the
seller.

3.
Processors shall daily update their stock records for the
products referred to in paragraph 1(c), (d) and (e) and para-
graph 2(a), (b) and (c) for each factory.

4.
Processors shall keep proof of payment for all raw mater-
ials purchased under contract and proof of payment for all sales
and purchases of finished products for five years as from the
end of the processing year concerned.

Processors shall submit

5.
inspections and checks
deemed necessary by the Member States and shall keep all addi-
tional records required by them for the purposes of the checks
deemed necessary.

to all

6. Member States may decide what form the records referred
to in paragraphs 1 and 2 shall take.

Member States may decide that the records referred to in para-
graphs 1 and 2 are to be certified in the same way as records
or accounting documents required under national law.

7.
The records or accounting documents required under
law may be used for the purposes of this Article,
national
provided they contain all the information referred to in para-
graphs 1, 2 and 3.

— at least 7 % of quantities delivered for processing,

in
order to check that
they tally with the certificates
referred to in Article 20 and comply with the minimum
quality requirements;

(b) administrative and accounting checks on at least 5 % of
producers covered by contracts, in order to check that the
details for each producer, in particular the areas, the total
harvest, the quantity marketed by the producer organisa-
tion, the quantity delivered for processing and the quantity
indicated in the delivery certificates, are consistent with the
prices paid as provided for in Article 22(1) and the aid paid
as provided for in Article 27(1);

(c) administrative and accounting checks to verify that the total
quantities of products delivered to the producer organisa-
tion by producers as referred to in Article 12(1) and (3),
the total quantities delivered for processing, all the delivery
certificates referred to in Article 20 and the total quantities
stated in the aid application tally with the prices paid as
provided for in Article 22(1) and the aid paid as provided
for in Article 27(1);

(d) administrative and accounting checks on at least 5 % of

agreements as referred to in Article 12(4);

(e) checks on all aid applications and supporting documents
and, in the case of tomatoes, crosschecks on all declared
parcels.

For processors of

the
2.
following checks shall be conducted for each factory, product
and marketing year:

tomatoes, peaches and pears,

(a) checks on at least 5 % of finished products to verify that
the applicable minimum quality standards have been
complied with;

Article 31

Checks on tomatoes, peaches and pears

(b) physical and accounting checks on at least 5 % of finished
products to verify the yield of raw materials processed in
terms of the finished product obtained under contract and
otherwise than under contract;

1.
For each producer organisation delivering tomatoes,
peaches and pears for processing, the following checks shall be
conducted for each product and marketing year:

(a) physical checks on:

— at least 5 % of areas as referred to in Articles 10 and

12(1),

(c) administrative and accounting checks to verify, on the basis
of the invoices issued and received and on the basis of the
accounting data,
finished product
obtained from the raw materials received and the quantities
of finished products purchased tally with the quantities of
finished products sold;

the quantity of

that

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(d) physical and accounting checks on all stocks of finished
products at least once each year, to ensure that they tally
with the finished products manufactured, purchased and
sold;

(e) administrative and accounting checks on at least 10 % of

payments of the prices referred to in Article 22(1).

In the case of newly approved undertakings, the checks referred
to in (d) shall be conducted at least twice in the first year.

unless the difference is clearly due to error. The reduction shall
be equal to the difference. If the aid has already been paid, the
beneficiary shall pay back twice the difference, plus interest
calculated on the time elapsing between payment and reimbur-
sement by the beneficiary.

The interest rate shall be that applied by the European Central
Bank to its main refinancing operations, as published in the ‘C’
series of the Official Journal of the European Union, in force on
the date of the undue payment, plus three percentage points.

Article 32

Checks on prunes and dried figs

2.
If the difference referred to in paragraph 1 is more than
20 %, the beneficiary shall lose entitlement to the aid and, if
the aid has already been paid, reimburse the total aid, plus
interest calculated in accordance with paragraph 1.

1.
For each producer organisation delivering prunes and
shall be
dried figs, administrative and accounting checks
conducted on at least 5 % of producers covered by contracts to
verify that the following tally:

(a) the raw materials delivered by each producer for proces-

sing; and

(b) the payments provided for in Article 22(1).

For each factory, finished product and marketing year,

2.
the following checks shall be conducted:

(a) unannounced physical checks;

(b) administrative and accounting checks.

The unannounced physical checks shall be conducted on at
least 5 % of finished products eligible for production aid, to
verify that they comply with the minimum quality require-
ments applicable. Where the results of analysis of official
samples are at variance with the particulars entered in proces-
sors' records, and indicate that
the minimum Community
quality requirements have not been met, no aid shall be paid
for the processing operations concerned.

The administrative and accounting checks shall be conducted
in order to verify:

(a) that the quantities of raw materials used for processing

correspond to those indicated in the aid application;

(b) that the price paid for the raw materials processed into
to the

least equal

is at

products as referred to in (a)
minimum price laid down;

(c) transfer orders as referred to in Article 22(1).

Article 33

Reduction in aid in the event of discrepancies between
the aid applied for and the amount due

If the difference is more than 30 %, the producer organisation
or processor shall also forfeit any entitlement to aid for the
product concerned for the following three marketing years.

3.
Amounts recovered and interest under paragraphs 1 and
2 shall be paid to the competent paying agency and deducted
from expenditure financed by the European Agricultural
Guidance and Guarantee Fund.

Article 34

Reduction in aid resulting from checks on areas

1.
In the case of tomatoes, if the area checks referred to in
Article 31(1)(a) and (e) reveal that the area declared is larger
than that actually determined, at the level of the total area
checked, the aid payable to the producer organisation shall be
reduced, unless the difference is clearly due to error:

(a) by the percentage of the discrepancy established,

if it is
more than 5 % but no more than 20 % of the area deter-
mined,

(b) by 30 % if the discrepancy is more than 20 % of the area

determined.

Where the area declared is less than the area actually deter-
mined, and the discrepancy is more than 10 % of the area
determined, the aid payable to the producer organisation shall
be reduced by half the percentage of the discrepancy estab-
lished.

1. Where it is ascertained, for a given product, that the aid
for a product applied for in respect of any marketing year
exceeds the amount due, then that amount shall be reduced,

2.
The reductions provided for in paragraph 1 shall not
apply where the producer organisation has submitted factually
correct information or can show otherwise that it is not at
fault.

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The reductions provided for in paragraph 1 shall not apply to
data which the producer organisation or its members inform
the competent authority in writing are incorrect or have
become incorrect since the information referred to in Article
12(1) was sent, provided that the producer organisation or its
the competent authority's
members were not
intention to carry out an on-the-spot check and that it was not
informed by the competent authority of any irregularity found.

informed of

3. Where a producer organisation commits a repeated
infringement, the Member State shall withdraw that organisa-
tion's recognition, or preliminary recognition in the case of a
producer group granted preliminary recognition.

(b) where the processor fails to pay the price referred to in

Article 7(1)(e),

(c) where the processor fails to pay the penalties provided for

in the first subparagraph of paragraph 1.

The Member State shall decide on the length of time for which
the processor may not submit a new application for approval
having regard to the seriousness of the case.

3.
Amounts recovered and interest under paragraphs 1 and
2 shall be paid to the competent paying agency and deducted
from expenditure financed by the European Agricultural
Guidance and Guarantee Fund.

Article 35

Article 36

Penalties in the event of discrepancies between quantities
accepted for processing and quantities actually processed

Examination of compliance with processing thresholds

1.
Except in cases of force majeure, where it is found that the
full quantity of tomatoes, peaches or pears accepted for proces-
sing under contract has not been processed into one of the
products listed in Article 6a(1) of and Annex I to Regulation
(EC) No 2201/96, the processor shall pay the competent au-
thorities an amount equal to twice the unit amount of the aid
multiplied by the quantity of the raw material concerned which
has not been processed, plus interest calculated in accordance
with Article 33(1).

In addition, except in cases duly justified to the satisfaction of
the Member State, the processor's approval as provided for in
Article 5 shall be suspended:

(a) for the marketing year following the finding, if the differ-
ence found between the quantity accepted for processing
and the quantity actually processed is more than 10 % but
no more than 20 % of the quantity accepted for processing;

(b) for two marketing years following the finding, if the differ-

ence is more than 20 %.

For the purposes of applying the first and second subpara-
graphs, any quantities of raw materials used in the manufacture
of finished products not complying with the minimum quality
requirements, in excess of an 8 % tolerance, shall be treated as
quantities not processed.

2. Where the conditions for applying paragraph 1 are met,
Member States shall provide that approval as referred to in
Article 5 is to be withdrawn from processors in the following
cases:

In the case of tomatoes, peaches and pears, compliance with
the Community and national processing thresholds as referred
to in Article 5(1) of Regulation (EC) No 2201/96 shall be estab-
lished in all Member States concerned on the basis of the quan-
tities for which aid is granted during the last three marketing
years for which definitive data are available.

In the case of proven or suspected irregularities and where
administrative or criminal enquiries have been launched to
establish whether aid applications were justified, the disputed
for examining
quantities shall not be taken into account
compliance with the thresholds.

Article 37

National penalties

Member States shall take appropriate measures to ensure that
both prices and aid are paid in accordance with Articles 22 and
27 respectively. They shall provide in particular for penalties to
be imposed on the officers of
the producer organisation
commensurate with the seriousness of any irregularity.

Article 38

Administrative cooperation between Member States

(a) where the producer organisation makes false declarations

with the collaboration of the processor,

Member States shall take appropriate measures to establish reci-
procal administrative cooperation to ensure that this Regulation
is properly applied.

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L 218/29

CHAPTER VII

NOTIFICATION TO THE COMMISSION

The information referred to under points (b), (c) and (d) shall
include the quantities of the products referred to in Article
2(1), (2), (9), (11), (12), (13) and (14) used to make products as
referred to in (3) and (15) of that Article.

Article 39

Notification

1.
Before the beginning of each marketing year, each
Member State concerned shall notify to the Commission if it
has had recourse to Article 5(4) of Regulation (EC) No 2201/
96 and the quantities of each of the sub-thresholds concerned.

No later than 15 April

in the case of tomatoes and
2.
peaches, no later than 15 May in the case of pears and no later
than 1 June in the case of prunes and dried figs, each Member
State shall provide the Commission with the following informa-
tion:

(a) the quantity of raw materials for which aid has been
granted, including the quantity of raw materials processed
in another Member State, where applicable divided into
sub-thresholds;

3.
No later than 30 September, each Member State shall
send the Commission a report on the checks made during the
marketing year in progress, specifying the number of checks
and the results, broken down by type of finding.

4.
Each Member State shall notify the Commission of the
quantities of tomatoes covered by contracts, no later than 60
days after the final date for the signing of contracts.

CHAPTER VIII

TRANSITIONAL AND FINAL PROVISIONS

Article 40

Examination of compliance with processing thresholds for
the 2004/2005 marketing year

(b) the quantity of finished products referred to in Article 2(1)
to (15), broken down by quantities covered by contracts
and quantities not covered by contracts in the case of toma-
toes, peaches and pears, and by quantities covered by aid
applications and quantities not covered by aid applications
in the case of prunes and dried figs;

In the case of tomatoes, and for the purposes of setting the aid
for
the 2004/2005 marketing year, compliance with the
Community and national processing thresholds shall be estab-
lished on the basis of the data for the 2001/2002 and 2002/
2003 marketing years and the quantities covered by aid appli-
cations during the 2003/2004 marketing year.

(c) the quantity of raw materials used to manufacture each of
the products referred to in (b), including the quantity of
raw materials processed in another Member State;

(d) the quantity of products as referred to in (a) in stock at the
end of the previous marketing year in the case of products
processed from tomatoes, peaches and pears, broken down,
in the case of tomatoes, into products sold and products
unsold;

(e) the quantity in stock at 1 May in the case of prunes and

dried figs;

(f) in the case of tomatoes:

— the total area in hectares planted during the marketing

year,

— the average yield, expressed in tonnes per hectare, for

the marketing year,

— the area and yield, broken down into oblong varieties

and round varieties,

— the average soluble dry-matter content of the tomatoes

used to make tomato concentrate;

Each Member State shall inform the Commission, no later than
10 December 2003, of the total quantity of tomatoes covered
by aid applications, broken down, where applicable, by sub-
threshold.

Article 41

Repeal

Regulation (EC) No 449/2001 is hereby repealed. Nevertheless,
Article 12(2) thereof shall continue to apply for the 2003/2004
marketing year.

References to the repealed Regulation shall be construed as
references to this Regulation.

Article 42

Entry into force

(g) the total quantity made of each of the products referred to
in Article 2(3) and (15), broken down according to the
products referred to in (1), (2), (9), (11), (12), (13) and (14)
of that Article used to make them.

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Union.

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30.8.2003

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission